Facts

Maureen Clarke sued the City of Santa Clara, State of California, County of Santa Clara and Joyce Caggiano after her 20 year-old daughter Talbot Clarke was struck by a van driven by Caggiano as Talbot and a friend were crossing El Camino Real St. near Santa Clara University. Talbot Clarke was thrown 39 feet.

PLAINTIFF'S CONTENTIONS:
Maureen Clarke contended that the light turned red while her daughter was still walking in the crosswalk and that the traffic light did not allow pedestrians enough time to cross the intersection. She alleged that Caggiano negligently operated her vehicle and that the other defendants were liable because the intersection was left in a dangerous condition.

Settlement Discussions

Plaintiff made a CCP Section 998 demand for $5 million. The state offered $500,000.

Injuries

Talbot Clarke suffered brain damage, intracranial bleeding and fractured ribs. She underwent 12 brain surgeries and suffered cognitive and memory impairment.

Result

In a prior proceeding, the court found that the state's employees acted negligently and/or wrongfully and that their conduct created the dangerous condition, which was a substantial factor in causing Talbot Clarke's harm. The jury found that Talbot Clarke was 5 percent negligent but that the state was 95 percent liable. It did not find Caggiano negligent. It determined Talbot Clarke's damages were $26,604,014, leaving her recovery at $25,273,813.30 after apportionment. The damages included $2.1 million for past non-economic loss, $10 million for future non-economic loss, $78,364 for past lost earnings, $1,561,816 for future lost earnings, $1,907,826 for past medical costs, and $10,956,008 for future medical costs.

Other Information

FILING DATE: Nov. 9, 2011.